USA v. Brenda Rosale

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UNPUBLISHED OPINION FILED. [13-50680 Dismissed as Frivolous] Judge: PEH , Judge: EHJ , Judge: SAH. Mandate pull date is 09/24/2014 for Appellant Brenda Rosales; granting motion to withdraw as counsel filed by Ms. Judy Fulmer Madewell [7630390-2] [13-50680]

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Case: 13-50680 Document: 00512754698 Page: 1 Date Filed: 09/03/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-50680 Summary Calendar United States Court of Appeals Fifth Circuit FILED September 3, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. BRENDA ROSALES, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:13-CR-51-1 Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Brenda Rosales has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Although Rosales has not filed a response, she made allegations in her pro se notice of appeal that trial counsel rendered ineffective assistance. The record is not sufficiently developed to allow us to make a fair evaluation of Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-50680 Document: 00512754698 Page: 2 Date Filed: 09/03/2014 No. 13-50680 Rosales’s claims of ineffective assistance of counsel; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014), petition for cert. filed (June 4, 2014) (No. 13-10484). We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2. 2

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